(영문) 서울중앙지방법원 2018.07.12 2018노915

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(영문) 서울중앙지방법원 2018.07.12 2018노915

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding of facts, has undergone the past sexual cancer surgery, and due to this, there are many cases where the Defendant gets into a sexual organ and sprinks when generating a high blast during the conversation.

At the time of this case, in the course of the defendant's desire for the victim, the defendant was not considered as a matter of such a nature as above, and the defendant intentionally spits or spits the victim.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, ① the video of the black stuff (the same attached to the 58th page of the evidence record, and the attached to the 79th page of the evidence record) in which the situation at the time of this case was recorded, the defendant set his own vehicle on one lane and opened a door to the victim's vehicle, and the signal at the front bank is sealed by a green change, and the spit the victim's spit, and then down the door to close the driver's seat, ② the victim also made a consistent statement from the investigative agency to the court of the court of the court of the court below, and especially in the court of the court of the court of the court below, the defendant spited the Defendant's spawn with his own left side by spiting it.

Comprehensively taking account of the fact that the defendant has clearly stated, spits the face of the victim, such as the facts charged, can be fully recognized.

Therefore, the judgment of the court below which found the defendant guilty is just, and there is no error of law as alleged by the defendant.

This part of the defendant's assertion is without merit.

B. As to the wrongful argument of sentencing, the injured party.

유사 판례

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-부산고등법원 2015.12.23 2015노634

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